I think you need to consult a local attorney about the possibility of a collection suit. If the forum state permits prejudgment remedies such as garnishments of their accounts receivable, proceed along that path. It will secure you for purposes of judgment, make you a secured creditor with priority of claim in the event of a bankruptcy but subject to invaildation for 90 days thereafter by the bankruptcy court as a preferential transfer but validly secured after 90 days, and most likely will force the defendant of any such suit to settle your claim early in the litigation rather than have his client dragged into the suit as a garnishee.

That is the procedure we use in Connecticut...works like a charm.